Probate Litigation: Your Guide to Undue Influence Claims in Florida
During probate in Florida, the decedent’s will must be confirmed as valid. A will can be contested. In Florida, one of the most common grounds to contest a will is undue influence. A will written or revised under undue pressure from another person may be ruled invalid. Here, our St. Petersburg probate litigation attorney provides an overview of undue influence claims in Florida.
Undue Influence and Probate in Florida: Know the Basics
Undue influence arises when another person exerts improper control over a testator’s decisions and, as a result, causes the will to reflect the influencer’s wishes instead of the testator’s true intent. The key case in Florida is called In re Estate of Carpenter. It is from 1971. Florida courts examine specific “Carpenter factors” to determine if there was any undue influence. Those factors include:
- The alleged influencer’s active role in procuring the will;
- The presence or lack thereof of an attorney during drafting; and
- Any evidence of the alleged influencer’s efforts to isolate the testator.
Key Point: Florida Statute § 732.5165 allows a will to be declared void if undue influence is proven.
How to Prove Undue Influence in Florida Probate Litigation
Evidence is key to bringing a successful undue influence claim in Florida. Notably, it is the petitioner who bears the initial burden of showing suspicious circumstances surrounding the will’s creation. Evidence that can be used for this purpose can come in a wide range of different forms and it may include testimony, medical records, or correspondence demonstrating manipulation, coercion, or dependence. Once a confidential relationship and substantial benefit are shown, Florida law presumes undue influence. At that point. the burden to the proponent of the will to prove otherwise. One common example is a caregiver who controls access to the decedent late in their life. Another common example is a family member who arranges for legal documents to be completed. In Florida probate litigation, the court evaluates the totality of the circumstances.
What to Know About Remedies in Undue Influence Cases in Florida
If the court finds undue influence, it has multiple options. A Florida probate court could throw out the will. It could also throw out specific provisions. The estate will then proceed under a prior valid will or Florida’s intestate succession laws. In some cases, the court may impose constructive trusts or order restitution to restore assets improperly obtained. Ultimately, the remedy will be determined on a case-by-case basis.
Note: Victims of undue influence claims should act quickly. Florida’s statute of limitations for contesting a will is typically three months from the date of formal notice of administration.
Call Our St. Petersburg Probate Litigation Attorney Today
At Fisher & Wilsey, P.A., our St. Petersburg probate litigation attorney is standing by, ready to protect your rights and help you navigate a challenging dispute. If you have any questions about an undue influence claim, please do not hesitate to contact us today for a fully confidential consultation. We handle probate litigation in Pinellas County and throughout the region.
Source:
law.justia.com/cases/florida/supreme-court/1971/40359-0.html
